Help Needed - Agency fees and New Federal Rule

[pahini]

Dear Forum,

I need your help and guidance on following :

I am from UK and have used services from one of the immigration agency - in Ontario Canada for submitting my case to canadian immigration authority under old federal skilled worker scheme in Sept 2007.

I have paid them USD 1600 towards their professional fees to prepare and submit my file to canadian authority. They have submitted my application in 2007 and since than i was waiting for an outcome!


Due to recent change in / announcement by canadian immigration authority to return fees for all cases submitted on or before 28 Feb 2008, the agency recently emailed me informing to withdraw my application from immigration authority of canada. SEE LINK BELOW

http://www.cic.gc.ca/english/department ... eturns.asp


I phoned them and asked them to refund my professional fees paid as well , as they are now not providing me any professional services and as per their agreement, they can refund me the fees - if visa has been rejected other than following grounds -

Misrepresentation or fraud on the part of the client.
The client having failed the medical
The cliemt having a criminal record
The client not fluent in English Language proficiency as desired by the visa officer;


However, they came back and replied to me that the change in govt rule is not falling in our terms of contract and now denied to refund me the professional fees paid to them.

It would be appreciated if you can please guide me as to whether i have any grounds on which i can fight a case against them or file a case to get my money back from them?


Thank you in advance.

[jrge]

Hi,

Dear Forum,

I need your help and guidance on following :

I am from UK and have used services from one of the immigration agency - in Ontario Canada for submitting my case to canadian immigration authority under old federal skilled worker scheme in Sept 2007.

I have paid them USD 1600 towards their professional fees to prepare and submit my file to canadian authority. They have submitted my application in 2007 and since than i was waiting for an outcome!


Due to recent change in / announcement by canadian immigration authority to return fees for all cases submitted on or before 28 Feb 2008, the agency recently emailed me informing to withdraw my application from immigration authority of canada. SEE LINK BELOW

http://www.cic.gc.ca/english/department ... eturns.asp


I phoned them and asked them to refund my professional fees paid as well , as they are now not providing me any professional services and as per their agreement, they can refund me the fees - if visa has been rejected other than following grounds -

Misrepresentation or fraud on the part of the client.
The client having failed the medical
The cliemt having a criminal record
The client not fluent in English Language proficiency as desired by the visa officer;


However, they came back and replied to me that the change in govt rule is not falling in our terms of contract and now denied to refund me the professional fees paid to them.

It would be appreciated if you can please guide me as to whether i have any grounds on which i can fight a case against them or file a case to get my money back from them?


Thank you in advance.

This is a catch 22, neither you nor them failed in a way to have your process cancelled, hence: who's to blame?. You could hire an Attorney to "try" to recover some of your investment, but their fees will be much higher than the $1,600.00 you have already gambled out.

Another option is to complain to Citizenship and Immigration Canada, and make them aware of your financial loss. But, I am afraid they will tell you this is your loss, as they have a disclaimer when it comes to failed applications, due to third party representatives.

If you are still interested in coming to Canada, try to get a job offer and subsequent PR nomination through employment and the Provincial Nominations. It's faster and more affordable.